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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> Statutory Instruments 1999 No. 662 (N.I. 6) URL: http://www.bailii.org/nie/legis/num_orders/1999/1990662(7).html |
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Statutory Instruments 1999 No. 662 (N.I. 6) The Water (Northern Ireland) Order 1999 - continued |
Regulation of recreational and navigational use of
waterways
(b) requiring vessels using a waterway to be licensed for that purpose by the Department; (c) regulating the grant, renewal, transfer and revocation of licences under sub-paragraph (b) and the conditions subject to which such licences are to be granted; (d) requiring vessels using a waterway to be registered with the Department; (e) regulating the manner in which and the conditions subject to which vessels may be registered under sub-paragraph (d) and the manner in which registration may be withdrawn; (f) regulating the construction, condition, safety and control of vessels which may use a waterway and the equipment to be carried on such vessels; (g) regulating the movement of vessels, and the use of lights, on a waterway; (h) regulating the opening of locks or the operation of any other works executed under any relevant statutory provision; (i) regulating the conduct of persons on -
(ii) on land adjacent to a waterway and owned by the Department; (j) prohibiting a waterway from being used for navigation or
recreational purposes, except as permitted by the order;
(ii) to land adjacent to a waterway and owned by the Department; (l) preventing the improper use of any works executed or maintained
by the Department under any relevant statutory provision or facilities
provided or maintained by the Department under any such provision, or
preserving such works or facilities from damage or
destruction; (3) Any person duly authorised by the
Department may, on production if so required of evidence of his authority,
require any person suspected of contravening any provision of an order
under this Article -
(b) to leave the waterway. (4) Any person who fails to comply with a
requirement imposed under paragraph (3) shall be guilty of an offence and
liable on summary conviction to a fine not exceeding level 3 on the
standard scale.
(b) Schedule 7 to the Drainage Order; or (c) this Part. Charges for recreational and navigational use of
waterways
(b) without prejudice to the generality of sub-paragraph (a), for the passage through any lock constructed or maintained by the Department under any relevant statutory provision; (c) in respect of the registration or licensing of any vessel in accordance with an order under Article 49. (2) Without prejudice to the generality of
paragraph (1), the Department may -
(b) provide for the payment of concessionary charges in such cases as the Department may determine. (3) The Department shall, in such manner as it
considers appropriate, publish a scale of charges payable under this
Article.
(b) the amount so certified shall be recoverable by the Department summarily as a debt due to it. (5) A certificate under paragraph (4) shall be
prima facie evidence of the amount stated therein. Powers of entry and inspection 51. - (1) Any person duly authorised by the Department may at any reasonable time -
(b) for the purpose of determining whether, and if so in what manner, any such functions are to be performed in relation to any premises, enter any premises and inspect or survey the premises and inspect any article thereon; (c) for the purpose of ascertaining whether any provision of an order made under Article 49 is being or has been contravened, enter any premises and inspect or survey the premises and inspect any article thereon. (2) Any person duly authorised by the
Department may -
(b) carry out inspections, measurements and tests on any vessel entered by that person or of any articles found on any such vessel. (3) If it is shown to the satisfaction of a
justice of the peace on sworn complaint in writing -
(b) that there is reasonable ground for entry upon the premises for the purpose for which entry is required; the justice may by warrant under his hand authorise that person to
enter the premises, if need be by
force.
(b) requires to be amended or adapted, having regard to any of those provisions or to anything done in the performance of any of those functions, it may by order made subject to affirmative resolution repeal, amend or
adapt that Act to such extent, or in such manner, as it considers
appropriate. Water management programmes 57. - (1) The Departments may by order adopt a water management programme with respect to the water resources of any area. (2) A water management programme may contain -
(b) a description of the present pattern of use of those resources; (c) a forecast of the future demand for the use of those resources; (d) proposals for the future use and management of those resources; (e) provisions with respect to such matters relating to those resources as appear to the Departments to be appropriate. (3) Schedule 6 shall have effect with respect
to the making of orders under paragraph
(1).
(b) the Department of Agriculture on the exercise of its functions under this Order. (3) The Water Council shall be appointed by the
Heads of the Departments and shall consist of not more than 15 persons
each of whom shall -
(b) be eligible for re-appointment. (4) The Heads of the Departments shall appoint
the chairman of the Water Council.
(b) be eligible for re-appointment. (7) The Water Council may regulate its own
proceedings.
19. - (1) The Corporation may make byelaws -
(b) requiring vessels using the river to be licensed for that purpose by the Corporation; (c) regulating fishing in the river; (d) requiring persons fishing in the river to obtain a permit for that purpose from the Corporation; (e) regulating the grant, renewal and revocation of licences under sub-paragraph (b) and permits under sub-paragraph (d), the conditions subject to which such licences and permits are to be granted and prescribing the fees payable in respect of the grant or renewal of such licences or permits; (f) regulating the construction, condition, safety and control of vessels which may use the river and the equipment to be carried on such vessels; (g) regulating the movement of vessels, and the use of lights, on the river; (h) for the levying by the Corporation of charges in respect of the use of the river or any service or facility provided by the Corporation on the river or on land adjacent to the river; (i) for the removal by the Corporation of vessels or objects from the river in such circumstances as may be specified in the byelaws, the storage and disposal by the Corporation of vessels or objects so removed and the recovery by the Corporation of the costs of removal, storage and disposal; (j) regulating the conduct of persons on the river or on land adjacent to the river and under the management of the Corporation; (k) prohibiting the erection of any structure in the river or on land mentioned in sub-paragraph (j) without the consent of the Corporation; (l) prohibiting the carrying on of any commercial activity on the river or on any land mentioned in sub-paragraph (j) without the consent of the Corporation; (m) for such other purposes as appear to the Corporation to be appropriate in furthering the object of the Corporation. (2) Byelaws under this Article shall not
apply in relation to -
(b) any land adjacent to any such part of the river. (3) Byelaws under this Article shall be made
and have effect as if sections 91 (except subsection (6)), 92, 93 and
94(1) of the Local Government Act (Northern Ireland) 1972 applied to
them as those provisions apply to byelaws made by a district council,
and as if -
(b) for any reference to the Ministry concerned there were substituted a reference to the Department and the Department of Agriculture acting jointly. (4) The powers to secure the observance of
byelaws made under this Article which are conferred on an authorised
officer of the Corporation under section 93 of the Local Government Act
(Northern Ireland) 1972 (as applied by paragraph (3)) include
power -
(b) to require any person suspected of contravening a byelaw to furnish his name and address to the officer. (5) Section 94 of the Public Health Act
Amendment Act 1907 (licensing powers of district council in relation to
pleasure vessels and persons in charge thereof) shall not apply in
relation to any vessel using the river.". Protection of watercourses - penalty in relation to
nuisance |
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